Regina v CE [2005] NSWCCA 326

Regina v CE [2005] NSWCCA 326

The applicant demonstrated that he would suffer positive injustice if tried jointly with BT because BT's proposed duress defence would introduce highly prejudicial material about the applicant's alleged violence, criminal record, gang association and guns, and any prejudice would not be sufficiently countered by judicial directions. The discretion refusing separate trials miscarried, so leave was granted, the appeal allowed and a separate trial ordered.

Jurisdiction
Australia
Judgment Date
15 September 2005
Procedural Posture
Criminal Application for Leave to Appeal Under S 5 F of the Criminal Appeal Act 1912 / Interlocutory Appeal From District Court Order Refusing Separate Trials
Outcome
Leave to appeal granted; appeal allowed; order refusing separate trials quashed; CE ordered to be tried separately from BT and CP.
Legal Topics
['separate Trials' 'joint Trials' 'interlocutory Appeal' 'duress' 'prejudice' 'judicial Directions']
['criminal Law and Procedure'] ['separate Trials' 'joint Trials' 'interlocutory Appeal' 'duress' 'prejudice' 'judicial Directions']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal Under S 5 F of the Criminal Appeal Act 1912 / Interlocutory Appeal From District Court Order Refusing Separate Trials

Legal Issues

  1. 1 ['Whether leave to appeal should be granted against an interlocutory order refusing the applicant a trial separate from co-accused BT and CP.' 'Whether a joint trial would cause positive injustice to the applicant because BT proposed to raise duress and adduce highly prejudicial evidence about the applicant.' 'Whether any prejudice to the applicant could be adequately ameliorated by directions to the jury.']

Ratio Decidendi

The applicant demonstrated that he would suffer positive injustice if tried jointly with BT because BT's proposed duress defence would introduce highly prejudicial material about the applicant's alleged violence, criminal record, gang association and guns, and any prejudice would not be sufficiently countered by judicial directions. The discretion refusing separate trials miscarried, so leave was granted, the appeal allowed and a separate trial ordered.

Court Disposition

Leave to appeal granted; appeal allowed; order refusing separate trials quashed; CE ordered to be tried separately from BT and CP.

Orders

  • ['Leave to appeal against the order refusing separate trials of the applicant from the trial of BT and CP be granted.' 'Appeal allowed and order quashed.' 'In lieu thereof, CE be tried separately upon the indictment from the trial of BT and CP.']